This section contains the nature of the case and procedural background.

D was charged with carrying a concealed weapon. That trial was scheduled for March 8, 1971, in the District Court in Winston-Salem. D appeared and filed a written motion for continuance by reason of another trial engagement of his retained counsel. The trial judge denied that motion and proceeded with the trial. Without the benefit of counsel, D attempted to defend himself. In summation following the close of evidence, D made statements that the court was biased, had prejudged the case, and that D himself was a political prisoner. The trial judge found D in contempt as the remarks were very disrespectful, and tended to subvert and prevent justice; the court found that the words spoken by D were contemptuous and that they reflected on the integrity of the Court and tended to subvert and prevent justice. While D was being carted away by deputies, he called the judge a Mother Fucker. D filed a writ of habeas corpus. The courts up the line denied review. The Supreme Court granted certiorari.

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